Section 4408 - Commitment of person charged with crime and detained in a penal or correctional institution(a) Whenever a person who has been charged with crime is detained in a penal or correctional institution and he is believed to be mentally disabled so that his commitment to a facility is necessary, a petition for such commitment may be presented to the court of the county where he stands charged with crime. The petition may be made by the warden or other officer in charge of the detailing institution, a relative of the detained person, the detained person or his counsel or the attorney for the Commonwealth.(b) To assist in determining the questions raised by the petition the court may adopt one or any combination of the following procedures: (1) Appoint two or more physicians to examine the person in the detaining institution and make a report as to whether he is mentally disabled and whether his commitment is necessary.(2) Appoint a commission consisting of two physicians and an attorney which shall examine such person in the detaining institution and in addition, receive any other evidence from and source bearing upon the question of whether the person is mentally disabled and whether his commitment is necessary.(3) Appoint an attorney to represent such person with reference to the petition.(4) Hold a hearing which may be public or private. Appropriate notice thereof shall be given to all interested parties including the attorney for the Commonwealth. The presence of the person whose commitment is sought, may be compelled.(c) Any physician appointed by the court to examine such person may request the court to commit such person temporarily to a facility for a period not exceeding sixty days for further examination by such physician in conjunction with the staff of the facility.(d) After consideration of the petition and all evidence presented, the court may order the commitment of such person to a designated facility if satisfied that the person is mentally disabled and that his commitment is necessary. In making such order the court shall give due regard to the capacity of such person to understand the nature and object of the proceedings against him, to comprehend his own condition in reference to such proceedings, to understand the nature of the punishment which might be inflicted upon him, to confer with his counsel with reference to such proceedings, to make a rational defense, and the probable effect of the trial on such person's physical and mental condition.(e) Whenever a commitment is ordered, the director shall detain the person so committed within the facility, provided, however, that if it is determined that partial hospitalization or outpatient care would be beneficial to the person so committed, such may be permitted by the court upon application therefor by the director and upon such terms and conditions as the court may direct, including the entry of bail to secure such person's return to the facility or his appearance.1966, Special Sess. No. 3, Oct. 20, P.L. 96, art. IV, § 408, effective 1/1/1967.